RENTAL AGREEMENT
l. General
These terms and conditions form a rental agreement (herein "Agreement"), which consists of
this Rental Agreement, the Terms and Conditions stated herein, and a return document
with final changes.
This agreement is between the bicycle renter as identified in this Agreement (herein
"Renter") and redbike inc, (herein "redbiike ." )
and covers the rental of the bicycle equipment (' 'Bicycle" ) for the purpose of Rental
Agreement.
The word "Bicycle" means the two- wheeled electric bicycle provided to Renter by redbike rentals and includes the frame, 2 tires, seat, electric power, battery, lights,
miscellaneous equipment, accessories (bike rack, lock) and safety gear (helmet, braking,
system.)
2. Authorized Drivers/Prohibition on Passengers
No other person may drive or otherwise operate Bicycle except the
Renter. Renter is prohibited from carrying any passengers on the
Bicycle at anytime.
Renter may not add any kind of seat or modification to have someone to ride on the
rear Fender, and no one may ride on the handlebars at anytime.
Renter is prohibited from pulling or towing any passenger or object with the bicycle at anytime
and less equipment is provided by redbike rentals.
Renter must be at least 18 years of age and have a credit card with an active account. A
minor can ride if an adult is present and signs for said minor.
No one other than the Renter is allowed to ride the Bicycle at anytime
3. Bicycle Return
Renter agrees to return- the bicycle to redbike rentals in the same condition as received,
except for ordinary wear and tear (which does not include flat tires), on the due date and
time and at the location specified by redbike rentals at time of rental.
Renter agrees to return the bicycle sooner if so demanded by redbike rentals. Renter
understands that there may be a rate or special charges if Renter returns the Bicycle at a
different time, date, or location than indicated in this Agreement
4. Rental Charges
From that time identified on the front side of the Rental Agreement until the Bicycle is
returned Renter agrees to pay the minute, hourly, and daily rates as indicated on the front
side of the Agreement.
The minimum charge is a daily rental of 4 hrs
Renter agrees to pay all charges for miscellaneous service and all sales, use, rental and
excise taxes including any applicable tax-related surcharges
Renter also agrees to pay a reasonable fee for the cleaning the Bicycle if the Bicycle is
returned with excessive stains, dirt or soilage attributable to Renter's use.
5. Start of Rental
The rental commences after the redbike rentals representative has informed the
Renter of the proper and safe operation of the Bicycle and any additional instruction(s}
as may be requested by Renter and Renter is aware of all dangers associated with
operation the Bicycle, including the dangers of riding in traffic, on streets, or other
locations and that natural and man-made hazards may exist.
Renter agrees to assume all the risks associated with operating Bicycle.
6. Repossessing the Bicycle
redbike rentals may repossess the Bicycle at anytime if:
The Bicycle is used in violation of the law.
It appears the bicycle is abandoned, the Bicycle is used in violation of any term or
condition in this Agreement
Renter made a misrepresentation of redbike rentals, or
Renter fails to return the Bicycle when do. redbike rentals is not required to
notify Renter in advance of repossession
7. Prohibited Use of the Bicycle
Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race
or contest, or on a designated bicycle trail if specifically prohibited, or in any location that
operation would be illegal or a nuisance to others.
Renter will not use or permit the Bicycle to be used for an illegal purpose, including
the transportation of a controlled substance or contraband.
A violation of this paragraph automatically terminates the rental and makes Renter
liable to redbike rentals for any penalties, fines, forfeitures, liens, recovery and
storage costs, and any related legal expenses associated with a violation of this
paragraph
7. Prohibited Use of the Bicycle
Renter will not use or permit the Bicycle to be used for hire, to be operated in a test, race
or contest, or to be driven on any unpaved roads, in dirt or through water, or in public
parks or on a designated bicycle trail if specifically prohibited, or in any location that
operation would be illegal or a nuisance to others.
Renter will not use or permit the Bicycle to be used for an illegal purpose, including
the transportation of a controlled substance or contraband.
A violation of this paragraph automatically terminates the rental and makes Renter
liable to eBoost Bike Rentals for any penalties, fines, forfeitures, liens, recovery and
storage costs, and any related legal expenses associated with a violation of this
paragraph.
8. Damage to Bicycle
Renter shall pay redbike rentals for all losses and/or damage to the Bicycle, regardless
of fault (e.g. Renter agrees to pay for the loss even though someone else caused the
damage or is at fault). Renter is also responsible for all theft or vandalism losses, even if
Renter is not at fault for making the theft or vandalism possible. If the Bicycle is damaged,
Renter agrees to pay the reasonable costs repair and diminution in value (if any). If the
Bicycle is damaged beyond reasonable repair (as determined by redbike rentals),
Renter shall be responsible for the retail fair market value less any salvage valuable if
applicable.
In addition to the above, Renter shall also be responsible for the reasonable downtime
("Loss of Use"), reasonable administrative fee as determined by redbike rentals or
specified by law, plus any towing, pick up and/or storage charges.
In the event of theft, Renter shall be responsible for paying loss of use at the daily rate for
each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if
Renter: (1) abuses the Bicycle or violate any prohibited use or operation as specified in this
Agreement; (2) drives recklessly; (3) drives while under the influence of alcohol or a
controlled substance; (4) fails to promptly report an accident to the police and redbike rentals; (5) fails to complete an accident report; (6) obtains the Bicycle through fraud or
misrepresentation; (7) uses the Bicycle for an illegal purpose.
Renter authorizes redbike rentals to collect from a responsible third party any
applicable loss and/or damage. In the event redbike rentals obtains a recovery from
a third party after renter has paid redbike rentals for all or part of any loss, redbike rentals will refund to renter any excess above the amount of the loss plus
administrative fees and other incurred collection and cost and attorneys' fees.
9. Accidents
Third Party Claims- redbike rentals. is. not responsible if Renter causes. injury to
another person or if Renter damages another Bicycle, vehicle or personal property of
another. Renter agrees 2 indemnify and defend redbike rentals and pay any claim
brought by a third party arising out of a Renter's use of the Bicycle and for any liability
associated with any personal accident/injury as a result of Renters use of the Bicycle.
Renter assumes risk of injury . Renter fully assumes all risks, including but not limited to
death or serious bodily injury, which may result from the operation of the Bicycle. Renter
acknowledges all the risks of operating a Bicycle on streets, roads, bypass, bike lanes, and
in traffic, including but not limited to the risks of serious bodily injury or death from falling
off the Bicycle, colliding with other Bicycles, motorcycles, motor vehicles or other objects,
hitting potholes, or suffer sudden loss of control from flat tires due to unseen objects
puncturing or damaging tires, or brakes failing, and hazards relating to weather conditions.
Despite knowing all associated risks, Renter freely assumed all risk of personal injury
and/or damage in the operation of this Bicycle and Renter agrees to hold redbike rentals harmless from all claims of injury or damage.
10. Payment
Renter agrees to pay up on demand:
All rates, charges, (including those applicable to miscellaneous services and equipment), plus
applicable taxes, fees, and surcharges (if applicable), which may apply to the Bicycle rental.
Charges for loss and/or damage to the Bicycle in accordance with paragraph 8.
Renter understands that all charges are not final and are subject to audit. Renter
specifically agrees and authorizes redbike rentals to make any charges by the
method of payment used by Renter at time of reservation and/or rental, including renters
credit card if that form of payment is utilized
11. Credit Reserve and Payment
Renter understands that Renter must deposit an amount (to be used against the final bill) of
$250 that will be refunded at the close of the transaction if Renter returns the Bike in
acceptable terms as discussed in this Rental Agreement. Renter authorizes redbike entals to place any amount(s) due from Renter as a result of the Bicycle rental onto
Renter's credit card, if that form of payment is utilized.
12. Property Left in Bicycle
redbike rentals is not responsible for any personal property left on the bicycle, a
Renter assumes all risk of loss if Renter leaves any such personal item. Renter agrees to
indemnify redbike rentals in the event some third person leaves any personal items on
the Bicycle.
13. Fines and Expenses
Renter is responsible for paying all fines, tickets, fees, assessments, court costs, and
recovery expenses for any parking, traffic or other violations, including storage liens and
charges, incurred or imposed during the rental of the Bicycle.
Renter understands that driving under the influence (DUI} applies to operators of Bicycles
and agrees to take appropriate actions and precautions so that Renter is not in danger of
law violations.
14. General Provisions
Renter represents that the information contained in this Rental Agreement is true,
accurate, and complete. In the event that any information is not true, accurate or
complete in any respect, Renter agrees that redbike rentals has the right to
terminate this Agreement with or without notice.
Renter agrees that Renter will be responsible for any unauthorized repairs or
modifications to the Bicycle. enter understands that redbike rentals will not
reimburse Renters for any authorized repairs without receipt(s).
Renter understands that in no event shall Renter be deemed to be an agent, servant, or
employee of redbike rentals in any manner for any purpose whatsoever.
Renter agrees that redbike rentals does not waive any rights under this agreement
except in writing signed by redbike rentals officer.
redbike rentals requires Participants under 16 years old to wear a helmet.
Helmets – will be provided with every bike rental and we assume that each Participant
will choose to wear it while they are riding the Bicycle. Helmets could prevent injury,
death or permanent brain damage in the event of an accident.